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the polity of the athenians and the lacedaemonians-第6章

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not even if all the gold and silver in the world were the inducement offered。

Here are some of the cases which have to be decided on。 Some one fails to fit out a ship: judgement must be given。 Another puts up a building on a piece of public land: again judgement must be given。 Or; to take another class of cases: adjudication has to be made between the choragi for the Dionysia; the Thargelia; the Panathenaea; year after year。 ''7' And again in behalf of the gymnasiarchs a similar adjudication for the Panathenaea; the Prometheia; and the Hephaestia; also year after year。' Also as between the trierarchs; four hundred of whom are appointed each year; of these; too; any who choose must have their cases adjudicated on; year after year。 But that is not all。 There are various magistrates to examine and approve'8' and decide between; there are orphans'9' whose status must be examined; and guardians of prisoners to appoint。 These; be it borne in mind; are all matters of yearly occurrence; while at intervals there are exemptions and abstentions from military service'10' which call for adjudication; or in connection with some other extraordinary misdemeanour; some case of outrage and violence of an exceptional character; or some charge of impiety。 A whole string of others I simply omit; I am content to have named the most important part with the exception of the assessments of tribute which occur; as a rule; at intervals of five years。'11'

'7' Adopting the emendation of Kirchhoff; who inserts the sentence in     brackets。 For the festivals in question; see 〃Dict。 of Antiq。〃     〃Lampadephoria〃; C。 R。 Kenney; 〃Demosth。 against Leptines;〃 etc。;     App。 vi。

'8' For the institution called the {dokimasia}; see Aristot。     〃Constitution of Athens;〃 ch。 lv。

'9' See Dem。 〃against Midias;〃 565; 17; 〃against Apholus〃 (1); 814;     20。

'10' See Lys。 〃Or。〃 xiv。 and xv。

'11' See Grote; 〃H。 G。〃 vi。 p。 48; Thuc。 vii。 78; i。 96; Arist。     〃Wasps;〃 707; Aristot。 〃Pol。〃 v。 8。

I put it to you; then: can any one suppose that all; or any; of these may dispense with adjudication?'12' If so; will any one say which ought; and which ought not; to be adjudicated on; there and then? If; on the other hand; we are forced to admit that these are all fair cases for adjudication; it follows of necessity that they should be decided during the twelve…month; since even now the boards of judges sitting right through the year are powerless to stay the tide of evildoing by reason of the multitude of the people。

'12' Reading with Kirchhoff。 Cf。 for {oiesthai khre}; 〃Hell。〃 VI。 iv。     23; 〃Cyr。〃 IV。 ii。 28。

So far so good。'13' 〃But;〃 some one will say; 〃try the cases you certainly must; but lessen the number of the judges。〃 But if so; it follows of necessity that unless the number of courts themselves are diminished in number there will only be a few judges sitting in each court;'14' with the further consequence that in dealing with so small a body of judges it will be easier for a litigant to present an invulnerable front'15' to the court; and to bribe'16' the whole body; to the great detriment of justice。'17'

'13' See Grote; 〃H。 G。〃 v。 514; 520; Machiavelli; 〃Disc。 s。 Livio;〃 i。     7。

'14' Reading with Sauppe; {anagke toinun; ean me} 'for the vulgate     {ean men oliga k。t。l。}' {oliga poiontai dikasteria; oligoi en     ekasto esontai to dikasterio}。 Or; adopting Weiske's emendation;     {ean men polla poiontai dikasteria k。t。l。} Translate; 〃Then; if by     so doing they manage to multiply the law courts; there will be     only a few judges sitting;〃 etc。

'15' Or; as Liddell and Scott; 〃to prepare all his tricks。〃

'16' {sundekasoi}; 〃to bribe in the lump。〃 This is Schneider's happy     emendation of the MS。 {sundikasai}; see Demosthenes; 1137; 1。

'17' Reading {oste}; lit。 〃so as to get a far less just judgment。〃

But besides this we cannot escape the conclusion that the Athenians have their festivals to keep; during which the courts cannot sit。'18' As a matter of fact these festivals are twice as numerous as those of any other people。 But I will reckon them as merely equal to those of the state which has the fewest。

'18' Lit。 〃it is not possible to give judgment〃; or; 〃for juries to     sit。〃

This being so; I maintain that it is not possible for business affairs at Athens to stand on any very different footing from the present; except to some slight extent; by adding here and deducting there。 Any large modification is out of the question; short of damaging the democracy itself。 No doubt many expedients might be discovered for improving the constitution; but if the problem be to discover some adequate means of improving the constitution; while at the same time the democracy is to remain intact; I say it is not easy to do this; except; as I have just stated; to the extent of some trifling addition here or deduction there。

There is another point in which it is sometimes felt that the Athenians are ill advised; in their adoption; namely; of the less respectable party; in a state divided by faction。 But if so; they do it advisedly。 If they chose the more respectable; they would be adopting those whose views and interests differ from their own; for there is no state in which the best element is friendly to the people。 It is the worst element which in every state favours the democracyon the principle that like favours like。'19' It is simple enough then。 The Athenians choose what is most akin to themselves。 Also on every occasion on which they have attempted to side with the better classes; it has not fared well with them; but within a short interval the democratic party has been enslaved; as for instance in Boeotia;'20' or; as when they chose the aristocrats of the Milesians; and within a short time these revolted and cut the people to pieces; or; as when they chose the Lacedaemonians as against the Messenians; and within a short time the Lacedaemonians subjugated the Messenians and went to war against Athens。

'19' I。e。 〃birds of a feather。〃

'20' The references are perhaps (1) to the events of the year 447     B。C。; see Thuc。 i。 113; cf。 Aristot。 〃Pol。〃 v。 3; 5; (2) to 440     B。C。; Thuc。 i。 115; Diod。 xii。 27; 28; Plut。 〃Pericl。〃 c。 24; (3)     to those of 464 B。C。; followed by 457 B。C。; Thuc。 i。 102; Plut。     〃Cimon;〃 c。 16; and Thuc。 i。 108。

I seem to overhear a retort; 〃No one; of course; is deprived of his civil rights at Athens unjustly。〃 My answer is; that there are some who are unjustly deprived of their civil rights; though the cases are certainly rare。 But it will take more than a few to attack the democracy at Athens; since you may take it as an established fact; it is not the man who has lost his civil rights justly that takes the matter to heart; but the victims; if any; of injustice。 But how in the world can any one imagine that many are in a state of civil disability at Athens; where the People and the holders of office are one and the same? It is from iniquitous exercise of office; from iniquity exhibited either in speech or action; and the like circumstances; that citizens are punished with deprivation of civil rights in Athens。 Due reflection on these matters will serve to dispel the notion that there i
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